Ocean County Defense Lawyers: Cocaine Possession or Distribution
Every year Ocean County, NJ prosecutes hundreds of drug cases, which include cocaine possession and distribution. The frequent number of “coke” related incidents can be attributed to the fact that powder cocaine and crack cocaine (also known as rock) are highly addictive and easily accessible on the street. For this reason, Ocean County Prosecutors and Police Departments have become very aggressive and have made cocaine a number one priority for drug busts, drug related arrests, and prosecution. If you have been arrested or charged with possession of cocaine or distributing cocaine in Ocean County then you need a tough criminal defense lawyer who will meet the state’s prosecution head on. The Law Offices of John F. Marshall is an Ocean County Criminal Defense Law Firm comprised of Former Prosecutors and veteran defense attorneys. The Ocean County criminal lawyers from our firm have almost 60 years of combined experience. Our criminal defense attorneys will get your possession charges for cocaine and crack cocaine dismissed by moving for admission into Drug Court where appropriate. If you have been arrested or charged for cocaine possession in Barnegat, Bayville, Toms River, Brick, Long Beach Island, Waretown, Manahawkin, Forked River, Little Egg Harbor, Point Pleasant, Lacey, Waretown, or Tuckerton we can represent your rights at the county level. Please do not hesitate to contact our NJ law firm for a free initial conference with an Ocean County defense attorney.
Ocean County Cocaine & Crack Cocaine Possession
Both varieties of coke are categorized as scheduled narcotics under the drug possession laws of New Jersey and what this means is that it is almost certain that an individual shall be subject to an indictable criminal offense (e.g. felony possession) if found in possession of coke. The penalties for possession of cocaine in the State of New Jersey vary depending on the nature of the possession (i.e. simple possession or possession with intent to distribute) and the weight of the drugs involved. Simple (“straight”) possession of cocaine or crack is generally a third degree offense and can bring a fine of up to $35,000. A third degree offense carries a maximum term of incarceration of five (5) years. A presumption against incarceration exists, however, where an individual has no prior indictable convictions. Additionally, a suspect charged with third degree possession is generally eligible for Pretrial Intervention (PTI) provided no prior diversion has been granted. Where an individual possesses a prior indictable record and is ineligible for PTI, the penalties to be imposed, including incarceration, hinge on the facts of a particular case, prior record, and the weight given to any arguments made in favor of the suspect at sentencing. The criminal defense lawyers at the Law Offices of John Marshall shall make certain every argument is made at sentencing so that penalties are minimized.
Enhanced Penalties: Possession and Distribution in a School Zone, Public Housing Facility, Public Park, or Public Building
If you are charged with possession of cocaine or crack cocaine in a school zone, public housing project, or public park, there are enhanced penalties under N.J.S.A. 2C:35-10 which include a mandatory performance of at least 100 hours of community service. The penalties are further escalated if you are arrested for selling cocaine or possessing with intent to distribute crack or cocaine in a school zone public housing project, or public park. N.J.S.A. 2C:35-7 states that any person who violates subsection N.J.S.A. 2C:35-5(a) by distributing, dispensing or possessing with intent to distribute within 1,000 feet of school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall be sentenced by the court to a mandatory minimum term of imprisonment fixed at between one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant will be ineligible for parole. However, if the person is arrested for distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building then it is a crime of the second degree. Also a fine of up to $150,000.00 may be imposed upon any conviction for any violation of under this section. It is important to note that it is not a defense that you didn’t know that you were inside or within 500 feet of a public housing facility, a public park, or a public building or 1,000 feet from a school zone.
Possession of Coke with Intent to Distribute
Possession of cocaine or crack with intent to distribute, commonly referred to distribution of cocaine, is a very serious offense in New Jersey. According to the New Jersey Drug Distribution Statute, N.J.S.A. 2C:35-5, the penalties for possession of cocaine or crack cocaine with intent to distribute therefore hinge on the quantity, by weight, of the cocaine or crack cocaine in the defendant’s possession. Possession of 5 ounces or more of cocaine is a first degree crime of the punishable by up to 20 years in jail and a fine up to $500,000. Additionally, you may be ineligible for parole for up to 10 years. Possession of crack or cocaine of between ½ an ounce and 5 ounces, for the purposes of selling is a crime of the second degree which carries a maximum sentence of 10 years in prison. Possession of cocaine with the intent to distribute in the amount of less than a ½ ounce is a crime of the third degree and punishable by up 5 years incarceration and a fine of up to $75,000.00 may be imposed. It is important to keep in mind that the total weight used in determining the degree of crime can be the weight distributed or possessed over a length of time and different events. If the defendant has a previous conviction for cocaine distribution then the penalties become further complicated. A lawyer with our firm can provide additional detail on this subject including, but limited to, the implications of the Brimage Guidelines.
The reality is that charges involving simple possession or possession with intent to distribute cocaine or crack cocaine have the potential to become extremely complicated. While the complications can result in enhanced penalty exposure, including jail, the complicated facts also provide additional opportunities for bona fide defenses and/or issues of guilt. The criminal defense lawyers at the Law Offices of John F. Marshall make sure that all defenses and issues are fully explored and that clients are provided with the best opportunity to avoid the pitfalls associated with coke charges. An attorney of our office is prepared to discuss your Ocean County cocaine charge. Please feel free to contact our office and arrange a free initial consultation with one of our Ocean County defense attorneys.
